MOHD. ADNAN AFTAB Vs. STATE, NCT OF DELHI
HIGH COURT OF DELHI
Mohd. Adnan Aftab
The State, NCT of Delhi
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S. Ravindra Bhat, J. -
(1.) THIS revision is directed against an order of the Additional Sessions Judge dated 12.02.07 by which he confirmed the order of the Juvenile Justice Board, declining bail. The petitioner along with co -accused was charged with committing offences under Sections 302/377/34 IPC. The incident in this case occurred on 21/22.07.2006.
(2.) THE relevant part of the order of the Juvenile Justice Board reads as follows:
SIR of delinquent received which is based on personal interview and SIR from local DPO is awaited. SIR of delinquent shows that his father is a Government servant in UP while his mother is a house wife. He has two elder sisters both of whom are married while his younger brother is studying. Juvenile is having companion influence and the probation officer has observed that Juvenile is known his co -accused Shehzad since last some years and both belonged to Nagina. They both were residing in same locality and had intimacy. They habitually wandered in nearby jungles and that delinquency arose as a consequence of the intimacy. The delinquent in the present case committed murder of one person along with his co -accused which consequent of unnatural sexual behavior. The delinquent was residing at Delhi to pursue his studies without any supervision and control of any of his family members, who were residing at Bijnore (UP). The reason for which the offence was committed has also the manner in which it was committed with the adult accused (co) make us believe that release of delinquent at this stage would defeat the ends of justice and would also be against the moral physical and psychological well being of the juvenile who appears to be in need of counselling for behavioral modification.
Hence, application for bail filed on behalf of the delinquent is rejected.
The applicant was detained on 29.07.2006. He has been in custody ever since then. By order dated 20th March, 2007, the trial Court records were requisitioned. They reveal that a Social Investigation Report (SIR) dated 22.11.2006 was on the record. The report states that the petitioner is intelligent and quite active, he had cleared the UP Board examination, at the Standard XII level and paid sufficient interest in studies. He was admitted to the Draftsman course from the Apex Care Centre, New Delhi. The report noted that the petitioner's father maintains discipline at house, and that he is emotionally attached to family members. The family has good social and economic condition; his father is an Engineer in the U.P. Jal Nigam. The report was of the opinion that the petitioner developed intimacy with the co -accused, who lived in the same locality. It recommended that he is young and has sufficient interest in studies; his parents and relatives are anxious about his future.
(3.) THE learned Counsel for the State in this present case, opposed the grant of bail on the ground that the alleged act said to have been committed by the juvenile along with the co -accused was one of great moral degradation and itself would demonstrate the perversity of the mind of the juvenile.;
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